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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am an OIF and 28 year veteran. Last year, I was arrested

Resolved Question:

I am an OIF and 28 year veteran. Last year, I was arrested at Walmart for shoplifting approximately $58.00 worth of merchandise. I was assigned a court appointed attorney and the judge at the hearing explained that the case was dismissed. I am attempting to get hired by a large organization. I interviewed and was fingerprinted 25 May 2011. I received a certified memo stating that my fingerprint results identify a criminal record.
Is there any way to have the record expunged or cleared at all? If so, who do I contact?
Thank you
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Yes, there is. If the case was dismissed, you can petition for Expungement in Texas. Under Chapter 55 of the Texas Code of Criminal Procedure, the record of you being arrested an charged can be expunged if the charges were dropped.

You would have to file a Motion for Expunction with the same criminal court, and after a quick hearing, the Court would order the record expunged. An attorney is highly recommended. You can see the general step of how to do it here:

http://www.ehow.com/how_5989827_expunge-criminal-records-texas.html

You can find the petition at sites like uslegalforms.com, usalegalresource.com, or nolo.com, or best of yet, have an attorney draft it/represent you.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88644
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.